3.2.2 Factors of a Civil Claim

Question 1

What are the factors to consider before initiating a civil claim

Answer 1

1. Costs
2. Limitations of actions
3. Enforcement issues

Question 2

Define “Costs” as a factor of a Civil Claim

Answer 2

Costs are the largest barrier in the Victorian justice system and can include fees for legal representation, disbursements and adverse costs orders.

Question 2

Explain the cost of Legal Representation

Answer 2

A barrister or solicitor can be costly, and the client may pay for a high level of experience and knowledge on an hourly basis

It can depend on:
- Complexity of the case
- Size of the case
- The court it is heard in
- Expertise of the legal practitioner

Question 3

Explain the cost of Disbursements

Answer 3

This refers to out-of-pocket expenses that could occur in a court case that don’t include the fees of a legal representative

• Court fees
• Mediation fees
• Expert witness fees

Question 4

Explain the cost of Adverse Costs Order

Answer 4

If the plaintiff initiates a claim that is unsuccessful, then they must pay for their legal costs and some of the defendant’s too.

Question 5

Define the “Limitations of actions”

Answer 5

The limitations of actions is the restriction placed on the time within which a civil action can be commenced.

Question 6

What are the reasons for the limitations of actions?

Answer 6

The defendant does not have to face action after a significant period of time and evidence is not lost so people can still remember the facts

Question 7

What is the limitation period for defamation?

Answer 7

1 year

Question 8

What is the limitation period for contract law?

Answer 8

6 years

Question 9

What is the limitation period for personal injury (general)?

Answer 9

3 years, 12 years if resulted in death or personal injury

Question 10

What are enforcement issues?

Answer 10

The plaintiff must consider if the defendant is able to pay and if they will pay.